Madras High CourtCRL OP(MD)/8933/2016dismissed

Srinivasan v. Meenakshi @ Meena

2020-01-03Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.8933 of 2016 and BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.8933 of 2016 and Crl.M.P.(MD)No. 4404 of 2016 Srinivasan ... Petitioner/Respondent Vs.

1. Meenakshi @ Meena

2. Minor Sabarish (Represented by his mother and natural guardian the first petitioner) ... Respondents/Petitioners Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to call for the records in M.C.No.1 of 2016 on the file of the learned Judicial Magistrate No.III, Thanjavur, Thanjavur District and quash the proceedings on the basis of the petition filed by the respondents.

For Petitioners : Mr.A.Thiruvadi Kumar For R-1 : Mr.K.Mahendran

O R D E R

The petitioner is the husband of the first respondent herein. The first respondent has filed M.C.No.1 of 2016 before the Judicial Magistrate No.III, Thanjavur, under Section 125 of Cr.P.C. To quash the same, this criminal original petition has been filed.

2. I am of the view that the contentions raised by the petitioner herein will have to be necessarily agitated only before the Court below. Therefore, leaving open all the petitioner's contentions and defences, the criminal original petition stands dismissed. However, considering the overall facts and circumstances of this case, the personal appearance of the petitioner before the Court below is dispensed with.

3. The learned trial Magistrate shall insist on the personal appearance of the petitioner only when it is absolutely necessary and imperative. The petitioner shall be called upon to appear in person before the trial Court at the time of answering the charges and at the time of examination under Section 313 of Cr.P.C., and at the time of pronouncement of Judgment. On all other occasions, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8933 of 2016 and petitioner can be represented through his counsel. Consequently, connected Miscellaneous petition is closed.

Sd/- Assistant Registrar (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS ) pmu To:

1. The Judicial Magistrate No.III, Thanjavur, Thanjavur District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to Mr.K.MAHENDRAN, Advocate ( SR-573[F] dated 07/01/2020 ) Crl.O.P.(MD)No.8933 of 2016 03.01.2020 MK (18.02.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2